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Home My WebLink AboutMiscellaneous - 21 SOUTH CROSS ROAD 4/30/2018 (4)McKay, Alison From: Alison McKay [amckay@townofnorthandover.com] Sent: Friday, January 21, 2005 10:00 AM To: 'Scoff Masse' Subject: updates/questions Hi Scoff, How have you been? A few things..... I'm not sure we'll have a quorum for next Wed. Jack and Deb can't make it. Sean and Joe are iffy according to Donna. I did the inspections for the new projects and we have some major issues on several sites. One absolutely warrents an EO (Tyler Monroe). I will discuss with you in detail later. Also, quick question. A resident has an existing porch on sonotubes within the 50' No -Build (I can't find any permits but am under the assumption that it was built prior to the setbacks). She wishes to construct an addition with a foundation within the same footprint. Would the Commission allow this? (sonotubes vs. foundation but within existing footprint). She wishes to go forward with a filing, but doesn't want to move forward if she were to spend the money just to be denied, obviously. Have a good day. Alison — - - — -- - - (978) 688-9545 Town of Fax (978688-9542 NORTH ANDOVER DIVISION OF COMMUNITY DEVELOPMENT & SERVICES BUILDING DEPARTMENT JAMES DIOZZI Plumbing & Gas Inspector Office Hours 7:30 - 9:15 a.m. Monday - Friday 27 Charles Street • North Andover • Massachusetts • 01845 i �0.� I �� r M -- bro v�,�� (��i 3 33 `� C � � o �a ti Ey Q�w►�as�, ,� � NOT I1 SUBJECT PROPERTY MAP 38, PARCEL 180 MORONEY JR, MICHAEL J CAROL A DOHERTY 21 SOUTH CROSS ROAD NORTH ANDOVER, MA BK. 4548. PG. 283 Q wtie. / .25 / IA ASSES ORS MAP 38 P RCEL 180 I 2423 11 / c/ '3A ETLAN - AA TREE \ 1_ 15 _\ 4/'7--zy _ / TREE 18 — 5A 6A / 1A 4) V. \ ' 5 PLAN OF LOCATI( 2'1 SOUTHCRC NORTH ANDD DRAWN F MICHAEL Mt SILTATION A A. I CONTROL. 7 FENCE a a w VARIES- HAYBALE _ (1 TO BUTT "' 0 TOGETHER a NOT SILTATIO? BACKED M WI .` ula,? 3 S "�"*CeA ie 4-9,j sol&K cfDss d Id lvi a2 PAZ rya-666.-�0+� 57 w CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 21 South Cross Road, North Andover At the February 24, 2016 public hearing the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability to fill in sink holes and loam and seed within the 100 -foot Buffer Zone to Bordering Vegetated Wetland (BVW). The project will conform to the following: Applicants/ Owners: Carol Doherty & Michael Moroney 21 South Cross Road North Andover, MA 01845 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted: February 8, 2016 Including: Narrative from contractor, Abutter's List, USGS Map, NHESP Map and As -built plan from 6/26/91 (with hand edits by the applicant) SPECIAL CONDITIONS: 1. Prior to the start of work the applicant will ensure that the site contractor has reviewed the Determination and is aware of the wetland resource area and the limits of the proposed work. 2. Prior to the start of work, the contractor will install erosion controls at the limit of the proposed work as shown on the herein referenced plan. Erosion control will be a minimum 12" silt sock made of natural fibers (no plastic netting). 3. Once erosion controls are installed, the contractor will contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. 4. Excess soil shall be properly disposed of offsite and shall not be stockpiled within 100' of the resource area. 1600 Osgood Stns Suite 2035, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 918.688.9542 Web- lath://wv tovunofinordando-er /Pages/1'AndoverAf Conseapationn/iMm 5. Wetland markers will be placed at the 25 -foot No -Disturbance Zone spaced evenly at 30' intervals (6 markers — 4 round / 2 square). Markers are available from the Conservation Department ($2 round/$3 square). 6. Once the work is complete, all disturbed areas will be stabilized with seed and straw mulch. 7. Upon completion of the approved project and site stabilization (grass growing and ready to be mowed), please contact the Conservation Department for a final inspection. 1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01945 Phone 978.688.9530 Fax 978.688.9542 Web: http://wwv townofnordmdover com/Pages/NAndoverlIA—Conservation/index ILIMassachusetts (Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Farre 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Description (if applicable): Filling of sink holes within the Buffer Zone to Bordering Vegetated Wetland. Project Location: 21 South Cross Road North Andover Street Address Map 38 Assessors'Map/Plat'Number City/Town Parcel 180 Parcel/Lot 'Number wpaform2.doc • Determination of Applicability • rev. 12/14 Page 1 of 5 A. General information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner (if different from applicant): your cursor - do not use the Carol Doherty & Michael 'Moroney return key. Name 'Name 21 South Cross Road Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Certified Foundation Plan with hand edits original date of plan: Title June 6, 1991 Title Date Title Date 2. Date Request Filed: February 8, 2016 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Filling of sink holes within the Buffer Zone to Bordering Vegetated Wetland. Project Location: 21 South Cross Road North Andover Street Address Map 38 Assessors'Map/Plat'Number City/Town Parcel 180 Parcel/Lot 'Number wpaform2.doc • Determination of Applicability • rev. 12/14 Page 1 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc • Determination of Applicability • rev. 12114 Page 2 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA (Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (coat.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post -marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Installation of erosion control, pre and post -construction inspection and installation of wetland markers at the 25' No -Disturbance Zone. See Attached. ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc • Determination of Applicability • rev. 12/14 Page 3 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) 136. The area and/or work described in the Request is not subject to review and approval by: North Andover Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commission Name C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on Date Chapter 178 Ordinance or Bylaw Citation ® by certified mail, return receipt requested on b -Z !V16 Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www. mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your- city-or-town.html) and the property owner (if different from the applicant). a-� Date wpaform2.doc • Determination of Applicability • rev. 12/14 Page 4 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the- massdep-regional-office-for-your-city-or-town.html) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc • Determination of Applicability • rev. 12/14 Page 5 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal 'Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ratr A. Request Information 1. Location of Project a. Street Address c. Check number b. City/Town, Zip d. Fee amount DEP File Number: Provided by DEP 2. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town Phone Number State Fax Number (if applicable) Zip Code 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Name Mailing Address City/Town Phone Number 4. DEP File Number: B. Instructions State Fax Number (if applicable) �Ip �Uuc 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other projects) ❑ Superseding Determination of Applicability — Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, NIA 02211 wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 12/15 Page 1 of 2 Massachusetts Department of Environmental Protection L7, I ]Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) DEP File Number: Provided by DEP 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contactsn. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 12115 Page 2 of 2